Can My Social Security Payment be Taken to Pay My Student Loans?
By Douglas Jacobs, California Bankruptcy Attorney on Aug 3, 2007 in General Bankruptcy Information
Surprisingly, yes! Several years ago, Congress passed legislation allowing up to 25% of a social security check to be taken to re-pay student loans. This includes accrued interest on the loan(s) and will continue for as long as it takes to re-pay them.
Student loans don’t go away – there is no statute of limitations on their enforcement – and little relief from having to pay them, unless you become completely disabled. That includes interest on the loans as well, which can accumulate at staggering amounts. In fact, as noted by fellow BLN member, Carmen Deluttri, enforcement of these loans often becomes predatory.
The scariest part of this for many people is that the loan can be ignored for years, and then when the social security checks start coming, there is a deduction for loan repayment! If you’ve worked all your life towards retirement, social security isn’t much to begin with. Having it reduced to pay an ancient debt can be devastating.
Fortunately, there is some relief. If you can show complete disability the loans will go away. If you can show that paying them will be cause an “undue hardship,” they can be discharged in bankruptcy.
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